How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107264
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

I am in Jamaica past 3 years and wish to attend my sister's

Customer Question

Customer: I am in Jamaica for the past 3 years and wish to attend my sister's funeral in florida. My tenure in jamaica has expired. What must I do?
JA: Thanks. Can you give me any more details about your issue?
Customer: My understanding is that I should be in Jamaica only for one year.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: I am willing to wait, but i want to know if there is a possibility to get through. the funeral is January 9th and i want to purchase a ticket.
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

My condolences on your loss. You are not a U.S. Citizen nor U.S. Lawful Permanent Resident? And you are asking about a B-2 tourist visa?

Customer: replied 1 year ago.
I have my Permanent Resident Card
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. But you think you may have abandoned it because you have been outside of the U.S. for more than a year without coming back?

Customer: replied 1 year ago.
Let us continue typing and find out if there is a solution. I was told I need to apply for ta transport letter. Is this from you or where?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, it may not be that simple. You have been out of the U.S. for more than 1 year without coming back to the U.S.? Did you have a Re-Entry Permit that would allow you to be outside of the U.S. for up to 2 years without abandoning it?

Customer: replied 1 year ago.
No I did not have a re- entry permit. I did not know I would need one. I did not plan to be out of the country so long.
Customer: replied 1 year ago.
I am 73years of age
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. What was the reason that you were out of the U.S. so long? Was it a reason beyond your control?

Customer: replied 1 year ago.
beyond my control
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

But what was the reason?

Customer: replied 1 year ago.
Did not have a permanent job in the US I had to depend on relatives for income because of my age.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I don't think financial problems would qualify. If you had some serious medical issues or you had to care for someone with serious medical issues, then maybe that would work. Do you have a U.S. Citizen son or daughter over 21 or a U.S. Citizen spouse? How long will you come back to the U.S. for? Will you stay to live here?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

You can try for SB-1 Returning Resident visa and prove that the reason that you were outside of the U.S. was outside of your control. Here is a link:

https://travel.state.gov/content/visas/en/immigrate/returning-residents.html

If that does not work, you can use your green card to come back to the U.S., but at the port of entry, they most likely will confiscate your green card but parole you into the U.S. so you would be able to attend the funeral. However, later on, they will schedule you for Removal Proceedings where you can explain to an Immigration Judge that you were not intending to abandon your Residency. If satisfied, you would get your green card back. If the judge is not satisfied, you could apply for a new Residency if you have a U.S. Citizen spouse or a U.S. Citizen son or daughter over 21. I not, you could ask for Voluntary Departure to go back home and avoid a deportation.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.